The Build America, Buy America Act requires that federal agencies ensure that funds for a federal assistance program for infrastructure are obligated only to projects that use iron, steel, manufactured products, and construction materials that are produced in the United States. Federal agencies are required to include a Buy America preference in the terms and conditions of each award for applicable infrastructure projects.
DRA’s Federal Co-Chairman may waive the application of a Buy America preference under an infrastructure program in any case in which:
- applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”),
- types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”),
- the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).
Request for Public Comment - BABAA Waivers
The DRA will post notices for a period of 15 days, and encourages public comments on waivers, specifically with regard to the proposed length, purpose, and scope. These comments will inform whether additional changes are needed prior to the issuance of the final notices.
Current Waiver Notice(s)
Public Notice of Proposed Build America, Buy America Act (BABA) Waiver
Proposed Unreasonable Cost Waiver for Community Infrastructure Fund Project MO-9265
The Delta Regional Authority (DRA) hereby provides notice of a proposed waiver of the Build America, Buy America Act (BABA) domestic content requirements pursuant to Section 70914(c) of the Infrastructure Investment and Jobs Act (Pub. L. 117-58).
Project Information
- Recipient: City of Scott City, Missouri
- Project Title: Industrial Park Wastewater System Improvements
- Project Number: MO-9265
- Funding Program: Delta Regional Authority Community Infrastructure Fund (CIF)
Summary of Waiver Request
The City of Scott City has requested an unreasonable cost waiver from BABA requirements for certain manufactured products necessary to complete the Industrial Park Wastewater System Improvements project. The recipient conducted a review of available domestic manufacturers and obtained pricing information for comparable U.S.-produced products.
Based on documentation submitted to DRA, compliance with BABA domestic content requirements would increase project costs by approximately 20 to 25 percent compared to comparable non-domestic alternatives. The recipient asserts that the increased costs are attributable to limited domestic supply and substantially higher unit pricing rather than differences in product performance, durability, or project scope.
The recipient further states that absorbing these additional costs could require reductions in project scope, delays in implementation, or reallocation of resources away from critical infrastructure improvements.
Proposed Determination
Following an initial review of the waiver request and supporting documentation, DRA has determined that the request satisfies the threshold criteria for consideration under the unreasonable cost waiver provision contained in Section 70914(c)(2) of the Infrastructure Investment and Jobs Act.
DRA is therefore proposing to grant a waiver of BABA domestic content requirements for the specified manufactured products associated with Project MO-9265, subject to completion of the public comment process and final agency review.
Request for Public Comment
DRA invites public comment on this proposed waiver. Interested parties are encouraged to provide information regarding the availability and cost of domestically manufactured alternatives that may satisfy the project’s requirements.
Comments must be submitted within 15 days of the publication of this notice and should be directed to:
Thomas Hudson
Chief Programs Officer
Delta Regional Authority
Email: thudson@dra.gov
Following the close of the comment period, DRA will review all comments received and issue a final determination regarding the proposed waiver.
Waiver Requests Approved
- No waiver requests are currently posted.